Under Title VII, “The Commission (EEOC) is forbidden from filing suit unless within a specified period it has been unable to secure from the respondent a conciliation agreement acceptable to the Commission.” However, that specified period is currently open for interpretation, and can vary wildly by case.

Forestar Group Inc. is in the business of buying land that is rich in natural resources, such as oil and gas. That business, however, has not been as profitable lately, and activist shareholders are calling for major changes to the company’s board in light of diminishing returns.